Page:United States Statutes at Large Volume 94 Part 2.djvu/1375

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PUBLIC LAW 96-000—MMMM. DD, 1980

PUBLIC LAW 96-499—DEC. 5, 1980

94 STAT. 2653

which have demonstrated interest in providing services of the type authorized under this section. (2) A State may apply to enter into an agreement under this section in such manner and at such time as the Secretary may prescribe. (3) Any State entering into an agreement with the Secretary under this section must— (A) provide that the demonstration project shall be administered by a State health services agency designated for this purpose by the Governor (which may be the State agency administering or responsible for the administration of the State plan for medical assistance under title XIX of the Social Security 42 USC 1396. Act); (B) provide that the agency designated pursuant to subparagraph (A) shall, to the maximum extent feasible, arrange for coordinating its activities under the agreement with activities of other State agencies having related responsibilities; (C) establish a formal training program, which meets such standards as the Secretary may establish to assure the adequacy of such program, to prepare eligible participants to provide parttime and intermittent homemaker services or home health aide services to individuals who are elderly, disabled, or otherwise in need of such services; (D) provide for the full-time employment of those eligible participants who successfully complete the training program with one or more public agencies (or, by contract, with private bona fide nonprofit agencies) as homemakers or home health aides, rendering authorized services, under the supervision of persons determined by the State to be qualified to supervise the performance of such services, to individuals described in subsection (a) at wage levels comparable to the prevailing wage levels in the area for similar work; (E) provide that such services provided under subparagraph (D) shall be made available without regard to income of the individual requiring such services, but that a reasonable fee will be charged (on a sliding scale basis) for such services provided to individuals who have income in excess of 200 percent of the needs standard in such State under the State plan approved under part A of title IV of the Social Security Act for a household of the 42 USC 601. same size as such individual's household; (F) provide for a system of continuing independent professional review by an appropriate panel, which is not affiliated with the entity providing the services involved, to assure that services are provided only to individuals reasonably determined to be in need of such supportive services; (G) provide for evaluation of the project and review of all agencies providing services under the project; (H) submit periodic reports to the Secretary as he may require; and (I) meet such other requirements as the Secretary may establish for the proper and efficient implementation of the project. (4) The number of participants in any project shall not exceed that number which the Secretary determines to be reasonable, based upon the capability of the agencies involved to train, employ, and properly utilize eligible participants. Such number may be appropriately modified, subsequently, with the approval of the Secretary. (5) Any contract with a private bona fide nonprofit agency entered into pursuant to paragraph (3)(D) shall provide for reasonable reimbursement of such agencies for services on a basis proportionate to